Ridgeway v. Herbert
Supreme Court of Missouri
Appeal from Grundy Circuit Court. — Hon. PabisC. Stepp, Judge. (1) Plaintiff’s objection to evidence tending to prove tbe drunkenness of George W. Moberly at tbe time of making tbe various contracts with plaintiff should bave been sustained. If Moberly was drunk, it did not make those contracts void, but only voidable, and be only could object to them on that ground.
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Appeal from Grundy Circuit Court. — Hon. PabisC. Stepp, Judge. (1) Plaintiff’s objection to evidence tending to prove tbe drunkenness of George W. Moberly at tbe time of making tbe various contracts with plaintiff should bave been sustained. If Moberly was drunk, it did not make those contracts void, but only voidable, and be only could object to them on that ground. These defendants can not avoid said contracts on that ground, even if they are shown to be in privity in estate with said Moberly. Eaton’s Admr. v. Perry, 29 Mo. 96. (2) Upon tbe pleadings and undisputed evidence in this case,…
1Opinion of the CourtYalliant, J.
This is an action of ejectment to recover 60 acres of land in Grundy county. The petition is in the usual form. The answer admits that defendants are in possession and sets up a state of facts showing that plaintiff is entitled to recover unless the leases and deed under which he claims are rendered invalid by reason of the further facts pleaded *in the answer, which are substantially, that on December 2, 1891, George W. Moberly, who is the common source of title, was the owner and in possession of the land, and on that day he executed a lease for a term of five years from March 1, 1892, to…
2Cases cited5 opinions
- Craig v. Van BebberSupreme Court of Missouri · 1890
- Allen v. LoganSupreme Court of Missouri · 1888
- Peterson v. LaikSupreme Court of Missouri · 1857
- McCollum v. BoughtonSupreme Court of Missouri · 1896
- Hodges v. BlackMissouri Court of Appeals · 1880
3Cited by4 opinions
- Byers v. Lemay Bank & Trust CompanySupreme Court of Missouri · 1955
- Van Horn v. PersingerMissouri Court of Appeals · 1919
- Byers v. Lemay Bank & Trust CompanySupreme Court of Missouri · 1955
- Byers v. Lemay Bank & Trust CompanySupreme Court of Missouri · 1955